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Feds Say Debt Negotiators Bogus

February 13, 2004
The Federal Trade Commission has charged two debt negotiation companies with violating federal law. Innovative Systems Technology, Inc. (doing business as Briggs & Baker) and Debt Resolution Specialists, Inc., claimed they could “drastically” reduce consumers’ debt by negotiating directly with creditors.

The FTC charges that the defendants’ radio advertisements and Internet Web sites were false and misleading and that the defendants were unable to negotiate substantial reductions in the amount consumers owed. The FTC further alleges that, as the result of purchasing defendants’ debt negotiation services, consumers’ credit ratings suffered, their total debt increased, and that some consumers even became the target of legal action.

"I gave them $1,200.00 to settle my debts for me at a lower amount," Lisa of Los Angeles said in a recent complaint to ConsumerAffairs.com. "I ended up ruining my good standing account with Discover causing them to refer my account to an attorney's office for collection." Other consumers have reported similar experiences.

The FTC’s complaint against the California-based defendants states that, under the direction of Todd Baker and Jack Briggs, Briggs & Baker advertised debt negotiation services to consumers since at least 1999. Briggs & Baker’s radio and Internet ads allegedly claimed that the company could negotiate with consumers’ creditors, which would enable consumers to pay off their debts for a fraction of the amount originally owed.

The FTC alleges that, after consumers signed up for the service, Briggs & Baker directed them to stop making payments to all of their unsecured creditors and that Briggs & Baker would prevent further contact from their creditors. Briggs & Baker purported that its services were risk-free and guaranteed.

The FTC’s complaint states that many of Briggs & Baker’s claims were false, that Briggs & Baker usually was unable to negotiate any substantial reductions, and that consumers’ failure to make payments or respond to creditors’ payment demands – as per Briggs & Baker’s instructions – typically resulted in increased debt, additional charges, and damage to consumers’ credit reports. The FTC charges that, in some cases, Briggs & Baker did not even contact consumers’ creditors to negotiate a settlement.

Thus, after months of being told that Briggs & Baker was settling their accounts, many consumers found that creditors had sent their accounts to a collection agency or even initiated legal actions against them. The FTC further alleges that Briggs & Baker failed to honor its refund policy.

In June 2002, Jack Briggs left Briggs & Baker. Shortly thereafter, Todd Baker formed a new business, Debt Resolution Specialists, Inc. (DRS). The FTC alleges that DRS engaged in business practices that are similar to Briggs & Baker’s. DRS allegedly advertises that it can negotiate reductions in consumers’ interest rates and principal owed because of “special relationships” with creditors, and represents that consumers who purchase DRS’ services will be debt free within three to 36 months.

The FTC charges that consumers who use DRS’ services will find themselves worse off than when they started, with credit ratings suffering, debts escalating, and hard-earned money lost to DRS fees.

Jack Briggs has agreed to settle FTC charges. The terms of the stipulated order permanently bar Briggs from participating in any debt reduction, negotiation, or consolidation business and from misrepresenting any fact material to a consumer’s decision to purchase a good or service. Additionally, he will be required to pay $8 million if he is found to have misrepresented his financial circumstances.

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